Walker v State of Queensland

Case •

[2005] FCA 1517

•

2 NOVEMBER 2005

FEDERAL COURT OF AUSTRALIA

Walker v State of Queensland [2005] FCA 1517

EILEEN WALKER AND ORS v STATE OF QUEENSLAND AND ORS
QUD 6008 of 1998

ALLSOP J
2 NOVEMBER 2005
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

QUD 6008 of 1998

BETWEEN:

IN THE MATTER OF EILEEN WALKER, AGNES WALKER, JOHN WALKER JNR, HAZEL DOUGLAS AND PETER FISCHER ON THEIR OWN BEHALF AND ON BEHALF OF THE EASTERN KU – KU YALANJI PEOPLE

APPLICANT

AND:

STATE OF QUEENSLAND
FIRST RESPONDENT

COOK SHIRE COUNCIL
SECOND RESPONDENT

DOUGLAS SHIRE COUNCIL
THIRD RESPONDENT

WUJAL WUJAL COMMUNITY
FOURTH RESPONDENT

ERGON ENERGY CORPORATION LIMITED
FIFTH RESPONDENT

TELSTRA CORPORATION LIMITED
SIXTH RESPONDENT

RUSSELL DAVID O’DOHERTY
SEVENTH RESPONDENT

ODETTE CATHERIN PHILLPOT
EIGHTH RESPONDENT

ARNFRIED BRENDECKE
NINTH RESPONDENT

VERNON JOHN GOODYEAR
TENTH RESPONDENT

TERRY ANN ROGERS
ELEVENTH RESPONDENT

KEVIN JOHN BRANDT
TWELFTH RESPONDENT

JUDGE:

ALLSOP J

DATE OF ORDER:

2 NOVEMBER 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The notice of motion filed by Rodney George Parker be dismissed.

2.There be no order for costs of the motion.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

QUD6008 of 1998

BETWEEN:

IN THE MATTER OF EILEEN WALKER, AGNES WALKER, JOHN WALKER JNR, HAZEL DOUGLAS AND PETER FISCHER ON THEIR OWN BEHALF AND ON BEHALF OF THE EASTERN KU – KU YALANJI PEOPLE

APPLICANT

AND:

STATE OF QUEENSLAND
FIRST RESPONDENT

COOK SHIRE COUNCIL
SECOND RESPONDENT

DOUGLAS SHIRE COUNCIL
THIRD RESPONDENT

WUJAL WUJAL COMMUNITY
FOURTH RESPONDENT

ERGON ENERGY CORPORATION LIMITED
FIFTH RESPONDENT

TELSTRA CORPORATION LIMITED
SIXTH RESPONDENT

RUSSELL DAVID O’DOHERTY
SEVENTH RESPONDENT

ODETTE CATHERIN PHILLPOT
EIGHTH RESPONDENT

ARNFRIED BRENDECKE
NINTH RESPONDENT

VERNON JOHN GOODYEAR
TENTH RESPONDENT

TERRY ANN ROGERS
ELEVENTH RESPONDENT

KEVIN JOHN BRANDT
TWELFTH RESPONDENT

JUDGE:

ALLSOP J

DATE:

2 NOVEMBER 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. On 20 September 2005, I published my provisional views in reasons for judgment on a notice of motion brought by Rodney George Parker to be joined as a party to these proceedings under s 84(5) of the Native Title Act 1994 (Cth) (the “Act”). 

  2. At the hearing of the notice of motion I indicated to the parties that I would give them further time to address any issues once I had formed provisional views.  My provisional view was that the notice of motion should be dismissed, and accordingly the orders that I made on 20 September 2005 were that:

    1.The parties to the notice of motion filed by Rodney George Parker provide within 14 days any further submission or an indication of any request for further hearing.

    2.The communication referred to in 1 may be made directly to the associate to Allsop J.

  3. The purpose of those orders was, in particular, to allow Mr Parker and his legal representatives to consider whether they wish to put anything further either in writing or orally. 

  4. The parties to the notice of motion did not provide further submissions or request a further hearing on the notice of motion.  At the directions hearing on 20 October 2005 I was told that no further submission would be made.

  5. I therefore see no reason to depart from the provisional views I expressed on 20 September 2005 that the motion should be dismissed. 

  6. As to the question of costs, I indicated at [23] that my provisional view was that:

    Subject to hearing from the parties, I would need to be persuaded why I should order Mr Parker to pay the costs, bearing in mind the history of the matter.

  7. I have not been dissuaded from this view and I therefore propose not to make any order as to costs  

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:            2 November 2005

Counsel for Mr Parker: Mr G Hiley QC
Solicitor for the Mr Parker: Mr D Kempton
Counsel for the Applicant: Ms S Phillips
Solicitor for the Applicant: Principal Legal Officer Cape York Land Council
Counsel for the First Respondent: Ms Brown
Solicitor for the First Respondent: Crown Solicitor of Queensland
Date of Hearing: 24 March 2005
Date of Judgment: 2 November 2005
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